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2024 Supreme(Raj) 592

PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT
Bhimsen – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Ms. Shrestha Mathur, Amicus Curiae.
For the Respondent: Mr. B.R. Bishnoi, PP.

JUDGMENT :

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs :

    “It is, therefore, respectfully prayed that this appeal may kindly be allowed and the accused-appellant may be acquitted of all the charges levelled against him.”

2. The matter pertains to an incident which occurred in the year 1989 and the present appeal has been pending since the year 1991.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 30.05.1991 passed by the learned Additional District & Sessions, Raisinghnagar, in Sessions Case 48/89 (State of Rajasthan Vs. Bhimsen), whereby the present accused-appellant has been convicted and sentenced as below :

Offence under Section

Sentence

Fine

302 IPC

Life imprisonment

Rs.2000/-, in default of which, to undergo further one year R.I.

4. As the pleaded facts and the record would reveal, on 02.02.1989 at around 5:00 p.m., one Ramkaran (complainant) submitted an information before Police Station, Gharsana, stating that marriage of his daughter (Meera) was solemnized with Bheemsen (accused-appellant) about two and a half years ago. It was further stated that

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